July 30 1703

[Act read; ordinance of parliament approved]

Prayers said, the rolls called.

The minuts of the last sederunt read.

An act of the commission of the generall assembly for a day of fasting and humiliation over the kingdome offered and read, appointing application to be made to the parliament for adhibiteing the civill sanction thereto. And accordingly the draught of an ordinance of parliament appoynting the said fast to be observed the last Thursday of August nixt was given in and read and agreed to without a vote.

  1. NAS. PA3/7, Printed minutes No.37, 1-2 or NAS. PA6/36, 48, f.1-1v. Back
  2. NAS. PA6/36, 48, on rear: '2 August 1703, read in parliament and approven'. Back
[Act read and amended; clause approved and protests against; continuation]

The act for security proceeded in, and a clause offered declareing it high treason to administrat the coronation oath or be witness to the administrating thereof but by appointment of the estates of parliament in manner mentioned in the act, or to own or acknowledge any person as king or queen of this realme in the respective events mentioned in the clause untill they have sworn the coronation oath and accepted the crown on the termes of the Claim of Right and the other conditions to be settled in this or any ensewing parliament or added in the said meeting of the estates, and be thereupon declaired and admitted as above. Which clause was acquiesced to, but it being moved that there be a clause declareing the said crime irremissible without consent of parliament, the vote was stated if that clause should be added, yea or no, and carried in the affirmative.

It was then considered whither the government should be lodged for the intervall of time betwixt the deceas of the soveraign and the elapsing of the nixt tuenty dayes thereafter in such members of the estates as should happen to be in Edinburgh or come to it for the tyme, or in the privie counsell of the then last deceased king or queen; and the vote first stated whither in the estates or in the privy counsell, and being thereafter stated whither in the estates joyntly with the counsell or in the estates alone, the marques of Montrose protested for himself and in name and behalf of all the peers of this kingdome who should adhere to his protestation that no vote to be past shall in any manner of way prejudge the saids peers in their native and undoubted right, and dissented from the present vote in so far as it might derogate thereto, and thereupon asked instruments. Which protestation was adhered to by his grace the duke of Hamiltoun, the marques of Tweeddale, the earles Marischall, Rothes, Buchan, Home, Strathmore, Roxburgh, Haddingtoun, Selkirk, Ruglen and Marchmont, the viscounts of Stormont and Teviot, and the lords Blantyre, Beilhaven, Colvill and Kinnaird. Robert Dundas of Arnistoun protested for himself and in name of the barrons and freeholders of Midlothian, whom he had the honour to represent, and in behalfe of any other shyre of this kingdome whose representatives shall think fit to adhere to his protestation, that no clause to be voted and insert in the act for securitie of the kingdome shall in any manner of way prejudge the legall and undoubted right and priviledge of the said shyre or their lawfull representatives, and dissented from the present vote in so far as it might derogate to the said right and priviledge of the commissioners for shyres, whereupon he asked instruments. Which protestation was lykewayes adhered to by Sir Robert Dickson of Inverask, the laird of Carnwath, Sir John Lauder of Fountainhall, the laird of Saltoun, the laird of Dirltoun, Sir Robert Sinclare, Sir John Home, Sir John Swintoun, Sir Patrick Home, Sir William Kerr of Greenhead, William Bennet, younger, of Grubbit, the laird of Lamingtoun, the laird of Jerviswood, the laird of Stevenson, younger, the laird of Aickenhead, Master William Cochran of Kilmaronock, Sir Humphray Colquhoun of Luss, John Grahame of Killearn, James Grahame of Buchlyvie, Robert Rollo of Powhouse, Thomas Sharp of Houstoun, John Hadden of Glenegies, Sir Patrick Murray of Auchtertyre, William Oliphant of Gask, Mungo Grahame of Gorthie, Sir Thomas Burnet of Leyes, Alexander Gordon of Pitlurg, William Seaton of Pitmedden, James More of Stonywood, the lairds of Grant, elder and younger, the laird of Kilravock, the laird of Balfour, Major Henry Balfour of Dunboig, Robert Douglass of Strathhendry, Master James Carnegie of Phinheaven, James Haliburton of Pitcurr, David Graham of Fintry, Alexander Duff of Bracco, Sir George Sinclare of Clyth, the laird of Brody, Robert Dunbar of Grangehill and John Bruce of Kinross. Alexander Watson of Aitherny, commissioner for the burgh of Sant Andrews, protested for himself and in name of all the burghs of this kingdome whose representatives shall adhere to his protestation, that no such vote or act should prejudge the said burghs of their just and legal title and priviledge, and dissented from the present vote in so far as it might derogate to the said legal right, title and priviledge of the commissioners for burghs, and thereupon he took instruments. Which protestation was adhered to by Alexander Robertson, Patrick Bruce, Sir John Areskin, James Spitle, Alexander Duff, Francis Mollison, Sir Andrew Home, Sir James Hacket, George Smith, Robert Kellie, Master John Lyon, George Brody of Aslick, George Home, Mr James Bethun and Master Alexander Arbuthnot. After which protestations, the vote was asked whither the first or the second state should be voted, and carried that the second state should be voted. Then the vote was asked whither in the estates joyntly with the counsell or in the estates alone, and carried in the estates joyntly with the counsell.

The lord chancellor, by order of her majesties high commissioner, adjourned the parliament till Monday nixt at ten a clock.

Seafield, cancellar[ius], I.P.D. p[arliamenti]

  1. NAS. PA3/7, Printed minutes No.37, 1-2 or NAS. PA6/36, 48, f.1-1v. Back
  2. NAS. PA6/36, 48, on rear: '2 August 1703, read in parliament and approven'. Back